General Digested Index to Georgia Reports : Including 1, 2, 3 Kelly, 4 to 10 Georgia Reports, T.U.P. Charlton's Reports, R.M. Charlton's Reports, Dudley's Reports, And Geo. Decisions, Parts I & Ii

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Where a bill seeks to set aside a Sheriif's sale, on the ground of fraud by the purchaser, and to enjoin the Sheriff from making a title to him, some specific fraudulent act on the part of the purchaser, must be charged. A general allegation of fraud will not be sufficient. Orr vs. Brovm et al. 5 Ga 400 14. The holder of a promissory note, who transfers it by delivery, for a valuable consideration, warrants by implication, unless otherwise agreed between the parties, that he is the lawful holde...r, and has a just and valid title to the instrument and a right to transfer it by delivery.
He also warrants, in like manner, that the instrument is genuine and not forged or fictitious, and that he has no knowledge of any facts which prove the instrument, if originally valid, to be worthless, either by the failure of the maker, or by its being already paid, or otherwise to have become void or defunct ; and any concealment of these facts on the part of the transferrer of the note, operates as a fraud on the rights of the transferree, for which a Court of Equity will entertain jurisdic- tion to compel discovery and grant relief Winter vs.


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